Philadelphia Drunk Driving Accidents Lawyer

Yes. Always seek medical attention after falling victim to a drunk driving accident, even if you think you sustained only minor injuries, or if you do not see any visible trauma. Some severe accident injuries can take up to a few days to show symptoms, but a doctor can diagnose them immediately and begin treating you before they threaten your life and long-term health. In addition, seeking prompt medical attention protects your legal rights by putting your injuries on the record as having resulted from a drunk driving crash.

• First, call 911 and tell them the accident has happened (including any observations you made that lead you to suspect a drunk driver’s involvement). When first responders arrive, as we mentioned above, seek medical attention. If an EMT recommends you take an ambulance ride to the hospital, then follow that advice. If not, then still follow up with your regular doctor or at an urgent care clinic within 24 hours.
• Second, if you do not require emergency medical attention at a hospital, then you can also take steps to gather some important information at the accident scene that could help protect your legal rights. Only if safe to do so and without getting in the way of first responders, get names, contact information, and insurance information from all drivers involved in the crash. (Exercise caution, however, around any suspected drunk driver.) Take pictures or video with your cell phone of the accident scene. Footage of a driver acting drunk could prove especially useful, but try at least to capture images of the condition of the vehicles, their positions on the roadway, and of the surrounding area (including lighting, signage, and road conditions).
• Third, when first responders arrive, tell them about anything you observed that leads you to think someone involved drove drunk. Stick to the facts, and do not say anything that directly or indirectly takes any of the blame for the crash. Even a statement like “I should have seen him coming” could get misinterpreted or deliberately taken out of context as an admission of guilt. Just tell the police what happened, nothing more.
• Fourth and finally, call our experienced drunk driving accident injury attorneys right away. Seeking compensation for injuries you suffered in a drunk driving accident can involve some legal complexity. The sooner you have an attorney on your side protecting your rights, the better your chances of seeing justice done and recovering the compensation you deserve for your injuries.

We suggested a few of the don’ts above, but in general:

• Do not risk your safety by engaging in any sort of verbal exchange with a drunk driver. If need be, stay locked in your car and on the phone with the 911 dispatcher until first responders.
• If a drunk driver tries to leave the scene of the accident, do not give chase or try to stop him. If possible, instead, snap a picture of his license plate to help the police locate him.
• Do not take any of the blame for an accident. Do not apologize to anyone. State only the facts.
• Do not post about the accident on social media. You could hurt your legal rights by doing so.
• Do not agree to any direct offer someone makes to settle with you without getting lawyers involved. Any such offer aims to cheat you out of the full amount of money you deserve for your accident injuries.
• Do not confuse the likely criminal prosecution of a drunk driver with your right to obtain compensation by filing a civil lawsuit. Speak with a lawyer right away.

Pennsylvania requires drivers to carry no-fault insurance which covers medical and disability costs related to the driver’s own injuries in a car accident, regardless of fault. In addition, drunk driving accident victims likely have the right to seek additional compensation from the drunk driver. Under Pennsylvania’s somewhat unique auto insurance system, drivers must select either Limited Tort or Full Tort insurance coverage when they purchase their auto policy.

The choice affects the types of damages they may seek through a lawsuit against an at-fault party in a car accident.

• Choosing Full Tort Insurance Coverage gives the insured driver the option to sue an at-fault driver for any car accident injuries, including pain and suffering.
• Choosing Limited Tort Insurance Coverage limits the driver’s ability to sue an at-fault party for so-called non-economic damages, such as pain and suffering, only if the crash causes the driver to suffer death, permanent serious disfigurement, or serious impairment of a bodily function. However, an exception to the Limited Tort Insurance Coverage option states that if the person who caused the accident pleads guilty to drunk driving or is convicted of drunk driving, then the injured driver who had Limited Tort Insurance Coverage is automatically deemed to have Full Tort Insurance Coverage for the purposes of a lawsuit against the intoxicated driver defendant.

So, that is a long way of saying that if a drunk driver causes your crash injuries, and the drunk driver ultimately pleads guilty to or gets convicted of the crime of drunk driving, then you will likely have the right to sue that driver for full damages.

Even though it seems this answer should be pretty cut and dried, the answer is, in fact, “No, at least not automatically.” Pennsylvania, like most other states, outlaws driving a motor vehicle with a blood alcohol content (BAC) of 0.08 percent. The criminal consequences that result from intoxicated driving usually include hefty fines, driver license suspension, and even possible jail time.

It takes more to prove the drunk driver’s liability than to establish the fact of his intoxication. Your attorney still must connect-the-dots and also prove that the driver’s drunkenness actually caused the accident. Usually, that does not require too much extra work. Still, you cannot merely assume that a drunk driver’s conviction automatically means you can recover damages. Speak with an experienced drunk driving accident injury attorney to learn more.

Every drunk driving accident injury case has its own unique facts. A crash victim’s ability to recover compensation, and the amount of compensation, can vary widely from one case to the next. In general, however, victims of Philadelphia drunk drivers can usually hope to recover compensation for:

Compensatory damages. Compensatory damages aim to make a drunk driving accident victim whole. They typically include compensation for:

• Medical Expenses and Bills, including current and future medical treatments, prescription drugs, and hospital stay.
• Property Damage, including the cost of replacement or repair to personal property and a motor vehicle.
• Cost of Living with a Disability, including physical therapy, medical devices such as a wheelchair, and other rehab services.
• Lost Wages, including the loss of current wages, as well as the loss of future income.
• Funeral and Burial Expenses;

• Pain and Suffering, such as physical discomfort, anxiety, insomnia, anger, or even depression.
• Loss of companionship/ consortium of a loved one.
• Loss of enjoyment of life.

Punitive damages. Punitive damages aim to punish the at-fault party for wanton, malicious, or willful behavior that society as a whole wants to deter. Under Pennsylvania law, in certain drunk driving accidents, the victim can recover punitive damages against the drunk driver if the driver’s actions were so reckless and outrageous that the court decides they warrant extra financial sanctions.

A dram shop is an establishment like a bar or a restaurant that sells alcohol. Under the Pennsylvania Dram Shop law, a victim of a drunk driving accident can sometimes hold an alcohol-seller legally responsible for the harm caused by an accident, if the person or entity provided alcohol to a visibly intoxicated person who subsequently causes a drunk driving accident.

Holding a business legally liable for a drunk driver’s actions can help victims recover full compensation for their injuries. However, proving that an establishment served alcohol to a visibly intoxicated person is more complicated than it sounds, and often requires the skill and experience of a seasoned drunk driving accident injury attorney. Speak with a knowledgeable lawyer today to learn if you may have the option of seeking compensation under Pennsylvania’s Dram Shop law.

Yes. In Pennsylvania, drunk driving accident victims in most cases have two years from the date of the accident to take legal action for damages against an at-fault party. Victims lose their rights to seek compensation if this time limit expires before they have taken action, in most cases. Speak with an experienced Philadelphia drunk driving accident injury attorney as soon as possible to ensure that you do not miss a deadline for enforcing your legal rights and for getting the money you deserve.

Drunk driving accidents differ from many other types of auto accidents in that they frequently spawn both criminal and civil legal actions. Philadelphia victims of drunk drivers need seasoned legal guidance to navigate the aftermath of a crash to make sure they recover the compensation they need and deserve.

Every case differs, but in general an experienced alcohol-related accident injury lawyer in Philadelphia protects a crash victim’s rights and interests by:

• Investigating the facts and circumstances of an accident to determine who has legal liability for crash victims’ injuries, and how much money those victims have the legal right to receive under Pennsylvania law.
• Navigating the interplay between the Commonwealth’s criminal prosecution of a drunk driver and your civil legal rights to seek compensation from the driver and, potentially, others. This may include providing advice and guidance in how a crash victim acts as a witness in the criminal prosecution, and in monitoring the progress of that prosecution to determine its potential effects on the victim’s claims for damages.
• Negotiating with the legal representatives for any party who has legal liability for the Philadelphia drunk driving accident and the injuries it caused, in pursuit of a fair and reasonable settlement of a victim’s claims. Oftentimes, these negotiations involve defense lawyers and representatives of insurance companies that issued policies to the at-fault party.
• Fighting in court for fair and reasonable compensation when at-fault parties and their representatives refuse to offer a fair and reasonable settlement of a client’s claims, including taking a case to a trial in front of a judge and jury if that is what it takes to achieve adequate compensation.

Do not wait to seek the assistance of an experienced Philadelphia drunk driving accident injury attorney after a crash harms you or your family. The sooner you have an attorney working on your behalf, the better your chances of recovering full compensation for your injuries, and of seeing justice done.

Drunk drivers have no excuse for their reckless conduct. If a Philadelphia drunk driving accident has caused devastation in your life, then get the legal help you need right away. Contact the Levin Firm’s skilled drunk driving accident injury lawyers in Philadelphia today for a free case evaluation.